St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-05-14
SANITY CITY DOINGS.
The Supreme Court Decides That the
Building Permits Are Issued Under
Proper Legal Regulations.
Commissioners to Locate the State Re-
form School Select Site and Look
Over the New Plans.
Some Of the Matters Which the Sixth
Ward Union Wants Attended
To at Once.
BUILDING INSPECTORS FEES.
A Supreme Court Ruling on the
Charter and Ordinances.

A Supreme Court Ruling on the
Charter and Ordinances.
In the supreme court yesterday de-
ciSion was handed in by Judge Mitchell.
i'll which the methods of issuing build
ing permits and charging fees for them
are declared legal. The case was the
one of David Dew against the city. Dow
was bought into court for erecting
building without first taking out per
nit. and the lower court sustained the
city. He wanted new trial, and be-
fore the supreme court his attorney
claimed that the process of issuing per-
mitS on the present basis was not au-
thorized, holding that the fee charged
by the Inspector was 4 direct tax, eSpe-
clally as the fees were graded according
10 the price of the building. The court
says the fees are not tax. but a charge
for the trouble of examining plans and
specifications and issuing the permits.
As the city assumes control of the cree
ton of buildings within its limits, it has
the right to charge for issuing the per-
mitS. and the grading of the fees is per
tectly proper. because it is more work
10 examine the plans of large and
costly building than for a small one.
The same Is true of the inspection of
the structure prior to issuing the GER
titicate to the builder on its: completion.
NJ. Dow, also by his attorney, claimed
that the grading of fees was Illegal, be-
cause ii gave the building inspector the
right to make an arbitrary charge, as
there WIS no one 10 decide the value of
the building. The court says the city
charter and ordinances are not explicit
on this point. but, as the court inter
pretS the reading, the owner of the
building Is himself to furnirh the infor-
nation necessary TO get at proper and
accurate valuation, so that there can be
no good ground for complaint here.
Accordingly the court refuses to grant
i new trial. Below are the Syllabi in
five eases handed down yesterday:
The City of St. Paul, respondent, vs. John
e. Dow, appellant.
Syllabus-Wheneyer a municipal corpor-
alton Is authorized TO regulate subject and
10 require those who do any act to obtain Il
license or permit. il may charge the person
procuring the same reasonable fee to
cover the labor and expense of issuing such
license or permit. Such a fee is not tax.
The amount of fee for a building permit"
may, under the charter or ordinances of the
city Of St Paul, be graduated according to
the estimated cost OF the building; which
estimate of cost is to be furnished by the ap-
plicant 10 the building inspector Order de-
nying d new trial affirmed. MITCHELL, j.
Silbert Paulson and j. H. MelinS, respond
eutS, VS. ID. NJ. Osborne d Co., appellants.
SyllabuS-EYidence held sufficient to suS-
tain the verdict. and judgment affirmed.
MITCHELL, j.
Marcus Maurin and Peter Maurin, co-part-
ners as Maurin Bros, respondents, VS..
John Fogelburg, appellant.
SyllabuS-EefendaEU gave to plaintiffs the
following verbal directions, to-wit: You
give all the goods to ii. d II. (Sub-contract-
ors under defendant in constructing rail
way that they want and charge directly to
them, and every LIST OF the month you bring
in the bill and will pay it, Held that this,
uncontrolled and unqualified by other cir
cumStanceS. constitutes an original and not
a collateral promise, and implied that the
credit was 10 be given exclusively TO the de-
PENDANT, although the goods were to be de-
livered to H. Il r. That the direction to
charge the goods to IL. d Il. did not neces-
sarily imply that any credit was to be given
10 them, the object, presumably, being merely
10 aid defendant in Keeping his account with
them. Order affirmed. MITCHELL, j.
The City of st. Paul. respondent, VS.. Philip
". mstetter appellant and the City of st.
Paul, defendant in error, VS.. George T.
johnson, plaintiff in error.
Syllabus-The provisions of Gen. Stat.
1873. oh. Ga, sec. So giving to the clerk of
the municipal court, of st. Paul, the power
TO receive complaints and issue warrants in
criminal cases held constitutional and valid.
Both causes remanded with direction to the
municipal court for judgment and execution
In accordance with the verdict.
MITCHELL, j.
State of Minnesota VS.. William Nolan.
SyllAbus-Dy the charter of the village of
Window, spl. law 1875, oh. "a, it was not
intended to abrogate, as respects that local
lty, the general law of the state prohibiting
the selling of intoxicating liquor without
license, although The village council alone
81 IN anti
invested with authority to restrain, regulate
and control Ito the entire exclusion of any
control or right to regulate, or restrain in
said matters, by any board, officer, person or
municipality of this country" Remanded
for further proceedings upon the conviction
DICKINSON j.
DISTRICT COURT DOINGS.
The st. CroiX Lumber company has
bTgun an action against Christ KaStner
ct al. The plaintiff alleges that in May,
1856, the defendant engaged one Hoppe
to build house, for which the plaintiff
furnished the material to the amount of
SS64.92, which has never been paid. The
company brought suit against the estate
of Hoppe, he having died shortly after
the completion of the contract, and a
second suit has been begun against
kastner to secure Judgment lien for
S4l.21 still due Hoppe, so that the
Hoppe estate.
j. }. Lemon has begun an action
against the Chicago, Milwaukee d St.
Paul Hallway company to recover 81 1856
damages for being elected for short
line train at Merriam Park. The plaintiff
claims he had a mileage ticket good for
about 800 miles, which was confiscated
by the conductor, and the plaintiff left
the train rather than pay the fare
demanded. He considers the humilia-
ton worth 81 ,975, and he asks Judgment
for that amount, and $40 for the ticket.
In the case of Dora Lempke against
Herman A. Lempke, Judge Wilkin has
granted decree of divorce ON the
grounds of deSertion, the defendant
failing to appear. They were married
at ReedSburg, Wis, Dec. IL, 1882, and
three days later the husband left his
wife and has not been seen since. His
whereabouts are not known now to the
plaintiff.
MINOR NOTES.
The case of John Kraus against
Thomas Murphy, an action to quiet
title to real estate, was tried before
Judge Wilkin yesterday.
The st. Croix Lumber company has
brought suit against John b. DufOrd
ct al, to recover S77;3S.3S for materials
delivered.
In the case of Daniel II. Valentine
against the City of ST. Paul, an appeal
from the assessment for opening a street
III block -. st. Paul proper, blocks 3
and 4, HOpkinS addition. a Judgment has
been found for the plaintiff for the sum
of S35S.S4.
The appeal of ID. J. Hennessey from
the assessment for change of grade Oh
ROsabel street, from Fourth street tC
the levee, was tried before Judge Bril-
yesterday.
The action brought by Josiah Fair
child against Patrick Kelly to dissolve